tenv 

if'loo 


Conf  Pam  12mo  #100 


lllllil 


>  _OI  R  C  U  L  ^ R . 

:      ^     .  .  . 

^  HEAD  QRS.  AEMY  NORTHERN  VA. 

August  14,  1863. 

The  foUowmg  Instructions  are  issued  for  the  guidance  of  Courts  Martial  and     *', 
Judges  Advocate  in  this  army:  Ql  / 

I.  Mode  of  recording  Proceedings,  viz  :  / 

ProceediDgs'of  a  Gf&ieral  Court  Martial,  convened  at  ,  by  virtue  of  ;    ^ 

tije  following  Special  Order :  ^  ^ 

'  I  JT(j£  iftserraj^'opjj  of  <Ae  order %appointing^the  Court,  and  if  any  changes  have 
'  (' '!  made  in  the  detail  by  subsequent  orders,  copies  of  these  also.'\  ^ 

Camp  of  ■         ,  at  , 

I  "  '  July  27,  1863. 

Thj^  Court  met  pursuant  to  the  above  order.  ,'^ 

FresentC  : 

I.  Col.  G  D  R,  1st  Virginia  Regimentf*^ 

'.>.  Lt.  Col.  A  B  C,  ■"•  2d  Virginia  Regiment. 

3,  M,  ■  &c.  «fcc.     ♦ 

4.  &c    V  &c.  &c. 
Cap^Mafi  £  M,                                         4th  Texas  Regiment,  Judge  Advocate^. 

■ ,         h       ' 

:■  Absent:  ^^        , 

Captain  X  Y  Z,  6th  Texas  Regiment. 

Captain  S  B,  Assistant  A.  General  P.  A.  C.  S.  - 

m  [  The  christian   name,  surname,  with  rank,  regiment,  8fc.,  of  each  member  and  ^.* 
of  the  Judge  Advocate,  to  be  given.l  jp* 

The  Judge  Advocate  read  a  communication  from  Captain  Z,  stating  the  caus^* 
of  his  absence,  and  enclosing  surgeon's  certificate  of  indisposition.     The  letter, 
with  certificate,  is  appended  hereto,  and  marked  A. 

The  cause  of  Captain  B's  abseride  is  not  known. 

The  Court  then  proceeded  to  the  trial  of  Lieutenant  X  Y,  3rd  Virguaia  Regi-       "*^. 
ment,  who  was  called  before  the  Court,  and  having  heard  the  order  appointing 
the  same  read,  was  asked  if  he  had  any  objection  to  any  member  named  therein. 

I A  challenge  not  made  noic,  cannot  be  made  at  a  later  stage  of  the  proceedings, 
except  for  cause  now  unknown  to  the  accxiseoi^ 


own  to  the  accuseA]  ..^■nt  -^ 


.•» 


'/ 


To  Avhich  he  replied  in  th 
^Ot'\  The  accused  objected  to  CaJ 
cliallenge  as  fyjjows,  viz  :  ^ 

I  Here  insert  statement  of  the  accused 

imarke 


is-cause  u^ 


Captain      /.^^ 
wrfs  cfli 


lue  df^ibera- 

ug  recalled. 

viz:  that  the 

excused  from 


The  Court  wrf§  dS^j^,  ^  ofial^ugcd 
lion,  the  doors  -were  opened;  and  the  accused  and  challenged 
the  decision  of  the  Court  -vyas  announced  by  the  Judge  Ad^ate, 
challenge  is  sustained  as  sufficient,  and  that  Captain  ■   ^i§ 

serving  as  a  member  of  the  Court  pending  the  trial  of  this  case. 
■^*-»  ^The  accused  having  no  objections  to  any  of- the  other  members,  the  Court  was 
then,  in  his  presence,  duljOforu  by  the  Judge  Advocate,  and  the  Judge  Advo- 
cate was  duly  sworn  by  the  President  of  the  Court. 

[  J.<  this  stage  of  the  proceedings,  the  accused,  if  desiring  it,  should  apply  for  the 
pritilese  of  introducing  counsel,  or  fordh^wstponcment  of  his  case,  giving  his 
rrnsons  for  such  postponement.^    ^  /A^  St'\/        "^ ijf^ l^^^-^^ 

;^  The  Judge  Advocate  then  admonished  the  acc^d  of  the  gravity  of  the,of- 
aJa  If  uce  with  which  he  stand?  charged,  viz  :  Druj^ke^ness  on  duty,  the  penalty  for 
^  which  is  cashiering.  ^^^^^J--'-*-^'--^  *-— <^ 

\^0r'\  Desertion,  the  penalty  for  Avhich  is  death  or  confinement  in  a  peniten- 
iary,  with  or  without  hard  labor,  for  not  less  than  one  year  nor  more  than  five, 
-r  such  punishment,  not  inconsistent  with  the  above,  as  the  Court  may  deter- 
iiine;,and  asked  him  if  ho  desired  counsel,  cff4^  postponement  of  the  ^ase  for 


any  reason. 

J   The  accused  declared  himself  ready  for  trial,  and  applied  to  the  Court  to  be 

V        ^jermitted  to  introduce  M  N,  Esq.  as  his  counsel ;  which  application,  the  Court 

>VvS^'fcing  cleared  for  deliberation,  was  granted,  and  the  accused,  together  with  his 

xsaid^unsel,  reappeared  in  Court. 

\j  aP'a^cused,  Lieutenant  X  Y  of  the  3d  Va.  Regiment,  was  then  arraigned  on 

\     T  rheloliowing  Charge  and  Specification ;  which  were  read  aloud  by  the  Judge  Ad- 

A^,^  vocate,  to  wit :  ^^~~  ^~~~^-  ^ 

XjPV         Charge— Drunkenness  on  dutyV  ^^--  a    ' 

"'    Specification— In  this  ,^  that  he  Lieutenant  X  Y  of  the  3d  Va.  RegimenJ  was 

«Hind  drunk  Avhilst  on  duty  at  regimenM  df^ss  paratre^f^'TO  this  at  or  ney 

>n  or  about'the  day  of  '  *        in  the  year  of  our  Lord  one  tfibusan^  ■ 


^eigbt  hundred  and  sixty- 


[  The  Charge  and  Specification  should  he  copied  in  the  proceedin^^^afU  abbrevia- 
tions in  t/ic  original  being  written  out  hi  words.'\  ^ 

The  Judge  Advocate  addressed  the  accused,  Lieutenant  X  Y :  You  Have  heard 
the  Charge  and  Specification  prefei-^j^^d  against  you.  How  say  you— Guilty  or 
Not  Guilt 


4 


4  To  which  the  accused  pleaded  as,  foUop'sTto  wit : 
/  To  Specification,  -       ", 

To  Charge, 


■m^^>-~^ 


-       ".  Not  Guilty. 

,     ■  Not  Guilty. 

5* "  All  persons  present  in  the  Court  as  witnesses  in  this  case,  were  then  direct«<l^ 
to  retire  and  remain  in  waiting  until  called- for.  "Y 

IShould  a  witness,  howet:er,  remain  in  hearing,  this  affects  only  his  credihilitij 
and  not  his*competency.'\ 

Captain  O  P,  Regiment,  a  witness  for  the  prosecution,  was  then  calle 

into  Court,  and  duly  sworn.  ^ 

[^Christian  name  and  surname,  with  the  proper  addition  if  every  witness,  viz 
his  title,  rank,  company,  regiment  or  other  proper  designation,  should  be  given.^ 

Examined  by  Judge  Advocate  : 

Question. — State  your  name,  rank,  regiment,  &c.  • 

Answer. — 0  P,  Captain,  Sec.  V 

Question. — State  the  nanie,  ra^,  regiment,  &cVof  the  prisoner  mow  on  tnai 

Answer. — 

Question. — &c.  &g»   % 

Cross-examined  by  the  Accused  : 
Question. — 
Answer. — 

Re-examined  by  the  Judge  Advocate: 
Question.— 
Answer.' — «&;c. 

Examined  by  the  Court  ^ 

Question. —  ■ii^ifi'^ 

Answer. — &c. 

The  examination --of  Captain  O  P  being  concluded,  he  was*  flPeted  to  '.vith 
draw. 
The  prosecution  hefi 

Lieutenant  R  S,  &c.^^^E|K5i|»for  the  defence,  was  tjj^o^  called  into  Coiirt.tini 
duly  sworn.  ^^'a 

Examimtk^by  the  Accused: 

Question. — State  your  name,  rank," regiment,  &c. 
Answer. — &c.  &c. 


h 


m^ 


Cross-examiried  by  the  Judge  Advocate 


Question. — 
Answer. — &c.  (fcc. 

Question. — 
Answer. — &c.  &c. 


Re-examined  by  the  Accused: 


^ 


w 


'v 


Examined  by  the  Court. 
Question. — 
Answer. — &c. 


» 


^  The  examination  of  Lieutenant  R  S  being  concluded,  he  was  directed  to  with-< 
_^       draw.  •• 
'''Z^f^\      The  defence  here  closed. 

■      ,  '      The  Judge  Advocate  having  no  testimony  in  reply  to  offer,  the  accused  re- 
•  m'    *1"®^*^^  ViXi^W  to  prepare  his  final  defence.    The  Court,  being  cleared 

g        for  deliberation,  granted  the  request,  and  haviog  recalled  tlie  accused  and  notified 
~  '   '      ■■'  him  thereof,  adjourned,  to  meet  again  in  this  6ase  on  the  day  of 

/       f  863,  at  o'clock.  •  "^ 

'.        '  •  HEM,  Capt.  4th  Texas  Reg't, 


Jtbdge  Advocate . 

,  at  , 

July  28,  1863. 


4 '  Camp  of 

The  Court  met  pursuant  to  adjournment. 

Present?^^ 

Is^irginia  Regiment. 
^;    .    2.   Lieut/  Col.  ABC,  2djJP|inia  Regiment. 


1. 

Col.  G  D  R, 

2. 

Lieut/  Col.  ABC, 

3. 

Maj.  &c. 

4. 

&c.  &c. 

7. 

Capt.  S  B, 

Capt.  HEM, 

&c."  &c. 

(fee:  &c. 

Asst.  Adj.  Gen.  P.  A.  C.  S. 
4th  Texas  Regiment,  Judge  Advocate. 


Captain  S  B  stated  that  he  was  absent  on  the  27th  day  of  July  1863,  in  conse- 
I         quence  of 

Lieuterpit  X  Y  of  the  3d  Virginia  Regiment,  the  accused,  together  with  M  N, 
Esq.,  his  counsel,  being  called,  then  appeared  in  Court;  and  Captain  S  B,  not 
being  present  at  the  previous  proceedings  in  this  case,  withdrew  as  a  member. 

The  proceedings  of  yesterday  were  read  by  the  Judge  Advocate. 

The  accused  then  presented  the  written  address  hereunto  appended,  and  marked 
B ;  which  was  read  by  his  counsel  [or  as  the  case  may  he,  by  the  Judge  Advocate, 
or  which  he  read'\  in  his  defence. 

The  Judge  Advocate  submitted  the  case  without  remark. 

♦«  {^Should  the  Judge  Advocate  desire  time  to  prepare  a  reply,  he  should  now  ask 
for  it. ^  .  ...:    \ 

•m^  The  casQ  beirfg  thus  concluded  on  the  part  of  the  prosecution  and  of  the  de- 
fence, the  Court  was  then  cleared  for  deliberation,  and  having  maturely  considered 
the  evidence  a^uced  [in  cases  where  iS^'ccused  has  pleaded  "  Guilty,"  substi- 
inte  for  the"mffewce  adduced,"  the  words  ^^ pleas  of  the  accused^''],  finds  the  ac- 
cused, Lieutenant\X  Y,  of  the  third  Virginia  Regiment,  as  follows,  to  wit : 

Of  Specification,  Guilty. 

Of  Charge,  ^  Guilty 


V 


And  the  Court  do  therefore  sentence  him  Lieutenant  X  Y,  of  the  third  Virginia 
Regiment,  to  be  cashiered. 

G  D  R,  Col.  1st  Va.  Reg't, 

Pres't  Gen'l  Court  Martial. 
HEM,  Capt.  4th  Texas  Reg't, 

Judge  Advocate.  " 

The  hour  of  adjournment,  viz :  "^  o'clock  P.  M.  having  arrived,  the  Court, 
then  adjourned,  to  meet  to-morrow,  the  day  of  ,  at  8  o'clock  A.  M. 

G^D  R,  Col.  1st  Va.  Reg't, 

Pres't  G.  C.  M. 
HEM,  Capt.  4th  Texas  Reg't, 

Judge  Advocate. 

[  Or]  There  being  no  further  business  before  the  Court,  it  then  adjourned,  to 
meet  on  the  call  of  the  President. 

G  D  R,  Col.  ]st  Va.  Reg't, 

Preset  G.  C.  M. 
HEM,  Capt.  4th  Texas  Reg't, 

Judge  Advocate. 

Form  of  Sentence  of  Death.      ^ 
And  the  Court,  two-thirds  concurring,  do  therefore  sentence  him 

to  be  shot  to  death  with  musketry  [or  to  be  hanged  by  the  neck  until  dead],  at  such 

time  and  place  as  the  General  Commanding  may  direct. 

In  cases  where  the  death  penalty  is  absolutely  fixed,  the  words  "do,  two-thirds 

concurring,  find,  &c."  must  be  used  in  the  finding. 

V.  n.  General  Remarks. 

1 .  In  all  cases,  but  especially  where  the  accused  is  a  private,  and  the  penalty 
affixed  to  his  offence  is  death,  the  Judge  Advocate  will  be  careful  to  warn  him  of 
the  gravity  of  his  offence,  and  to  afford  him  every  facility  for  his  defence,  furnish- 
ing him  with  a  copy^of  the  Charges  previously  to  his  trial,  summoning  his  wit- 
nesses, and  affording  him,  if  desiring  it,  the  opportunity  to  procure  counsel. 

While  the  guilty  should  not  escape  nor  the  administration  of  justice  be  brought 
into  contempt  by  the  infliction  of  frivolous  punishments  for  grave  offences,  con- 
viction should  leave  no  reasonable  doubt  of  guilt. 

2.  A  Court  Martial  being  called  to  order,  no  member  can  leave  his  seat  without 
the  permission  of  the  President,  and  if  only  momentarily  absent,  the  proceedino-s 
must  be  suspended  until  his  return.  But  if  absent  from  a  part  of  the  proceed-' 
ings,  he  cannot  resume  his  seat,  without  rendering  them  null  and  void. 

3.  The  time  and  place  for  the  session  of  a  Court  Martial  can  be  changed  onl>^ 
by  the  authority  convening  it ;  and  Charges  ordered  for  trial  can  be  withdrawn* 
only  by  the  authority  so  ordering  them. 

4.  But  one  member  of  a  Court  can  be  challenged  at  a  time.    The  objection  of 
the  accused,  the  statement  6f-the'challenged  member,  and  the  declarations  of  the 
witnesses  on  the  point,  are  ma*de  without  oath,  the  Court,  previously  to  its  being 
sworn,  having  no  right  to  administer  an  oath. 

The  Judge  Advocate  cannot  be  challenged. 


5.  While  the  accused  is  allowed  counsel  to  assist  him  in  conducting  his  de- 
fence, such  assistance  is  confined  strictly  to  giving  advice,  framing  questions  to 
be  put  either  by  the  accused  or  through  the  Judge  Advocate.  He  has  no  right 
to  propound  questions  nor  to  address  the  Court.  He  may,  by  permission,  read 
the  ^isoner's  written  defence. 

6.  It  is  the  duty  of  the  Judge  Advocate  to  see  that  the  Charge  and  Specifica- 
tions are  correct,  before  the  accused  is  called  upon  to  plead  to  them.  They  may 
be  amended  before  plea,  and  after  plea  in  case  the  plea  is  in  abatement  for  a  mis- 
nomer or  wrong  addition.  In  this  latter  case,  they  should  be  amended  according 
to  what  prisoner  declares  to  be  his  true  name  and  addition ;  and  the  trial  will  pro- 
ceed as  if  no  such  dilatory  plea  had  been  intei"posed.  The  Charge  should  be 
single — e.g.  a  Charge:  "Desertion  and  cowardice"  is  improper.  Each  offence 
should  constitute  a  separate  and  distinct  Charge. 

The  Specification  should  set  forth  briefly,  clearly  and  explicitly  the  facts,  cir- 
cumstances and  intent  which  constitute  the  crime,  stating  nothing  argumenta- 
tively,  and  adopting,  as  nearly  as  possible,  the  language  of  the  Article  of  War 
i^eferring  to  the  offence  charged.  The  Specification  should,  like  the  Charge,  be 
single — e.  g.  a  Specification  averring  one  to  be  a  habitual  coward,  is  bad.  The 
facts  which  show  cowardice  on  each  particular  occasion  should  be  set  forth  in 
separate  and  distinct  Specifications.  Written  instruments,  forming  the  gist  of  the 
offence  charged,  must  be  set  out  verbatim,  "  in  words  and  figures  as  follows,  viz." 
If  a  part  only  of  the  written  instrument  is  included  in  the  offence,  that  part  need 
only  be  set  forth. 

The  party  committing  the  offence,  and  the  party  against  whom  it  is  committed, 
as  in  the  9th  Article  of  War,  «&c.,  must  be  described  by  their  christian  name  and 
surname  and  proper  addition,  viz :  rank,  company,  regiment,  or  other  designation. 
Should  the  party  injured,  however,  be  unknown,  the  proper  description  is,  "  a 
person  or  persons  unknown."  The  Specification  should  further  be  certain  as  to 
time  and  place;  though  the  time  may  be  stated  as  "  on  or  about  a  certain  day," 
and  the  place  as  "  at  or  near  a  certain  locality." 

7.  The  accused  must  plead  to  each  Charge  and  Specification  separately;  and 
if  he  pleads  Not  Guilty  to  a  part  of  either,  the  Court  should  talvc  testimony  thereon 
before  making  the  finding. 

The  plea  of  Guilty  to  the  Charge  and  Specification  renders  unnecessary  any 
evidence  in  chief,  but  does  not  preclude  the  accused  from  offering  testimony  as 
to  facts  and  character,  which  may  mitigate  the  sentence,  or  from  making  a  written 
defence. 

In  such  case,  however,  the  Judge  Advocate  is  entitled  to  offer  rebutting  testi- 
•mony,  and  to  the  reply. 

The  plea  of  l?ot  Guilty  of  the  Charge  and  Specification,  puts  in  issue  every 
fact  alleged,  and  they  must  consequently  be  proved :  nor  should  it  be  left  to  in- 
ference, but  distinctly  proved,  that  the  prisoner  at  the  bar  is  the  accused ;  and 
furthermore,  that  he  is  a  soldier,  retainer  to  the  camp,  or  other  person  subject  to 
the  jurisdiction  of  a  Court  Martial.  Courts  of  limited  jurisdiction,  as  Courts 
Martial  are,  must  show  upon  the  record  the  facts  giving  them  jurisdiction. 


To  support  the  plea  of  a  fonner  acquittal  or  foraier  conviction,  it  is  necessary 
the  accused  should  have  been  acquitted  or  convicted  on  a  fonner  trial,  by  a  legal 
Court  of  competent  jurisdiction ;  and  the  record  of  this  fact  must  be  produced  to 
the  Court.  An  illegal  Court  being  no  Court,  its  verdict  is  no  bar  to  future  pro- 
ceedings. 

No  special  form  is  required  for  pleas  before  Courts  Martial. 

8.  In  evidence,  the  ordinary  rales  of  civil  courts  apply ;  and  questions  by  the 
Judge  Advocate,  prisoner  or  a  member  of  the  Court,  are  subject  to  the  usual  ob- 
jections. But  a  question  by  the  Court  cannot  be  objected  to.  A  question  of  a 
member,  adopted  by  the  Court,  becomes  a  question  by  the  Court. 

The  testimony  of  witnesses  should  be  recorded  in  their  very  words,  and  not 
merely  the  substance  given :  nor  is  it  suflGcient  to  record  that  "  nothing  material 
was  elicited."  All  the  testimony  should  be  recorded,  and  once  recorded,  cannot 
be  erased. 

If  there  is  any  doubt  of  the  meaning  of  the  witness,  he  must  explain  it  in  his 
own  language. 

When  his  testimony  is  complete,  it  should  be  read  over  to  him,  but  not  pre- 
viously—otherwise this  might  defeat  the  object  of  the  cross-examination. 
•  As  a  general  rule,  the  Charges  and  Specifications  should  not  be  read  to  the 
witness  before  he  gives  his  evidence.  If  he  drew  the  Charges,  or  was  privy 
thereto,  he  may  refresh  his  memory  as  to  the  incidental  circumstances  of  date, 
«&c.;  but  whenever  the  Charge  and  Specification  would  recall  particular  words 
and  expressions,  &c.  &c.,  the  reading,  operating  really  as  a  leading  question,  is 
manifestly  improper,  and  must  be  avoided. 

The  accused  is  always  allowed,  whether  by  the  cross-examination  of  the  wit- 
nesses for  the  prosecution,  or  by  those  for  the  defence,  to  prove  character;  and 
though  gener9,l  character,  unconnected  with  the  Charge,  should  not  influence  the 
finding,  it  often  modifies  the  sentence. 

At  any  stage  of  the  proceedings  previous  to  the  finding,  the  Court  may  recall 
witnesses — the  parties  being  also  recalled. 

A  member  of  the  Court  and  the  Judge  Advocate  are  competent  witnesses ;  but 
the  member  who  is  to  testify  had  better  withdraAv,  provided  the  number  present 
be  not  reduced  below  the  minimum  (five). 

The  Judge  Advocate,  if  a  witness,  is  sworn  by  the  President  of  the  Court,  and 
should  give  his  testimony,  as  early  as  practicable,  before  hearing  the  other  wit- 
nesses. 

9.  If  the  accused  is  found  not  guilty  of  the  entire  Specification,  he  must  be  ac- 
quitted also  of  the  Charge.  But  a  special  verdict  cau  always  be  found  of  facts 
less  (never,  however,  more)  comprehensive  than  those  alleged — e.  g.  under  a  Spe- 
cification averring  absence,  without  leave,  from  the  1st  January  1863  to  1st  July 
1863.  Such  absence  may  be  found  from  the  1st  February  1863  to  the  1st  June 
1863,  &c.,  but  never  for  a  term  extending  beyond  the  limits  of  that  avenred. 

A  prisoner  found  Guilty  of  the  Specification  and  Not  Guilty  of  the  Charge,  is 
virtually  acquitted;  for  this  is  equivalent  to  finding  that  the  facts,  though  true, 
involve  no  criminality.     But  a  prisoner  may  be  found  guilty  of  a  crime  of  less 


8 

degree  than  that  charged,  though  never  of  one  of  a  higher  degree,  or  of  one  dif- 
ferent in  kind — e.  g.  under  a  charge  of  desertion  can  be  found  absent  without 
leave,  but  never  desertion  under  a  charge  of  absence  without  leave ;  nor  under  a 
charge  of  theft,  can  absence  without  leave  be  found,  otherwise  the  prisoner 
might  be  convicted  of  a  crime  of  which  he  has  had  no  notice,  and  against  which, 
consequently,  he  has  had  no  opportunity  of  defending  himself. 

10.  Army  Regulations,  ^  873.  "The  legal  punishment  for  soldiers  by  sen- 
tence of  a  Coiu-t  Martial,  according  to  the  offence  and  jurisdiction  of  the  Court, 
are:  death,  corporal  punishment  by  flogging,  confinement,  confinement  on  bread 
jind  water  diet,  solitary  confinement,  hard  labor,  ball  and  chain,  forfeiture  of  pay 
and  allowances,  discharges  from  service,  and  reprimands.  Solitary  confinement, 
or  confinement  on  bread  and  water,  shall  not  exceed  fourteen  days  at  a  time,  with 
the  intervals  between  the  periods  of  such  confinement  not  less  than  such  periods, 
and  not  exceeding  eighty-four  days  in  one  year." 

The  punishment  by  flogging  is  abolished. 

Act  of  Congress,  approved  13th  April  1863.  All  oflScers  and  soldiers  convicted 
of  desertion  "  shall  suffer  death,  or  confinement  in  a  penitentiary,  with  or  with- 
out hard  labor,  for  a  period  not  less  than  one  year  or  more  than  five,  or  such 
other  punishment,  not  inconsistent  with  the  provisions  of  this  act,  as  the  Court 
Martial  or  Military  Court  may  determine." 

Army  Regulations,  ^  874.  "  A  Court  Martial  cannot  assign  and  make  over 
the  pay  of  a  soldier  to  any  other  person."  *  *  «  *  * 

Guard  duly,  one  of  the  most  honorable  and  responsible  a  soldier  can  perform, 
should  not  be  degraded  into  a  punishment. 

In  accordance  with  the  usages  and  the  regulations  of  the  service,  non-com- 
missioned officers  should  be  reduced  to  the  ranks  whenever  sentenced  to  confine- 
ment, hard  labor,  or  ball  and  chain. 

The  punishments  applicable  to  officers  are :  death,  cashiering  or  dismissal,  sus- 
pension from  rank  and  pay,  confinement,  or  reprimand,  either  public  or  private. 

Article  of  War,  No.  85.  "  In  all  cases  where  a  commissioned  officer  is  cashiered 
for  coAvardice  or  fraud,  it  shall  be  added  in  the  sentence,  that  the  crime,  name  and 
place  of  abode  and  punishment  of  the  delinquent  be  published  in  the  newspapers 
in  and  about  camp,  and  of  the  particular  State  from  which  the  offender  comes." 

The  sentence  of  death  can  be  passed  only  in  such  cases  where  it  is  expressly 
authorized  by  the  Articles  of  War ;  and  in  such  cases  it  is  necessary  that  two-  ^ 
thirds  of  the  members  of  the  Court  concur  in  the  sentence,  and  that  the  record 
should  show  such  concurrence.  But,  except  in  cases  under  the  55th  Article  of 
War,  and  under  §  2  of  the  act  establishing  the  Articles  of  War,  where  the  penalty 
of  death  is  absolutely  fixed,  and  no  discretion  allowed  to  the  Court,  it  is  not  re- 
quired that  two-thirds  should  also  concur  in  the  finding.  In  the  cases  men- 
tioned, it  is  necessary  that  the  record  should  show  such  concurrence  in  the 
finding. 

It  being  prohibited  to  disclose  the  vote  or  opinion  of  any  member  of  the  Court, 
it  is  improper  to  spread  the  votes  on  the  record,  or  to  state  that  the  finding  or 
sentence  was  unanimous. 


I 


A  spy,  and  one  guilty  of  mutiny  accompauied  with  loss  of  life,  are  generally 
hanged.  Deserters,  &c.  are  generally  shot.  The  mode,  however,  of  executing 
a  death  sentence  (whether  by  shooting  or  hanging)«nay  in  all  CHses  be  declared 
in  the  sentence. 

Under  the  Regulations,  the  pay  and  allowances  of  oflficors  and  soldiers  absent 
without  authority,  are  forfeited ;  and  the  pay  forfeited  by  the  sentence  of  a  Court. 
is  that  which  subsequently  accrues. 

The  imposition  of  illegal  punishments,  e.  g.  bucking,  gagging,  &c.,  is  equiva- 
lent to  inflicting  none,  as  they  must  be  remitted. 

The  sentence  should  be  precise,  clear,  explicit  and  certain,  without  any  abbre- 
viations, and  with  nothing  left  to  inference. 

"  The  forfeiture  of  so  much  pay  as  will  cover  the  expenses  of  apprehension  and 
return  to  the  regiment,"  is  void  for  uncertainty.  The  Court  should  ascertain  by 
testimony,  and  fix  the  amount  forfeited. 

11.  A  Court  Martial  deliberates  always  with  closed  doors,  and  the  record  must 
show  that  it  was  cleared  for  deliberation. 

12.  At  any  time  previous  to  the  final  adjournment,  the  case  being  still  in  its 
possession,  a  Court  Martial  can  modify  or  altogether  change  the  sentence  already 
passed  by  it. 

13.  When  a  cause  is  remanded  for  revision,  no  additional  testimony  can  be 
heard,  and  no  member  absent  from  the  original  trial  can  now  take  his  seat.  As 
far  as  practicable,  all  the  members  present  at  the  trial  should  be  present  at  the 
revision. 

14.  No  Court  Martial  will  adjourn  without  day,  except  by  order  from  these 
Head  Quarters.  Having  concluded  its  business,  or  being  reduced  below  the  mi- 
nimum (five  members),  it  will  adjourn  to  meet  upon  the  call  of  the  President  <»r 
Judge  Advocate,  and  report  the  fact  to  these  Head  Quarters,  the  members  retur»«- 
ing  to  their  commands.  * 

Being  a  member  of  a  Court  gives  an  officer  no  right  to  h-uve  his  coinniiind. 

If  the  Court  adjourn  in  consequence  of  a  march,  he  will  re.sunic  hi.s  ducies  wifh 

his  command.  ^ 

"When  a  Court  adjourns  for  three  days,  the  Judge  Advocate  shall  report  the 

fact  to  the  Commander  of  the  post  or  troops,  and  the  members  belonging  to  the 

command  will  be  liable  to  duty  during  the  time."     Army  Regulations,  $  881. 

Members  of  Courts  Martial  are  not  excused  irom  their  duties  as  such,  until 

ieved  by  the  authority  appointing  the  Court.     Details  for  Courts  Martial  have 

cedence  over  all  other  duties,  except  those  on  the  battle  field ;  for  which  tem- 

'ry  adjournments  will  be  made.    No  member  can  be  excused  from  the  duties 

^  Court  by  other  details,  unless  regularly  relieved  by  the  authority  ordering 

urt.    In  all  instances  where  members  are  absent  from  sittings  of  the  Court, 

aes  of  absentees  will  be  reported  in  the  proceedings,  with  cause  of  ab- 

'xeneral  Orders,  No.  10,  Head  Quarters  Army  Northern  Virginia,  current 

ners  should  be  tried  separately,  unless  their  ofFeac©  is  in  its  nature 
<)rred  to  have  been  jointly  committed. 
2 


V 


10 

16.  The  procoedinj^s  in  each  case  will  be  made  np  separately,  and  endorsed  ap 
follows  (say): 

"General  Court  Martial  Troceedinfrs,  Camp  of  Anderson's  Division,  Special 
Orders,  No.  I'i8,  Head  Quarters  Army  Northern  Virginia.  Private  M  N,  Co.jA, 
1st  Va.  Regiment." 

Cases  will  be  sent  in  weekly.  *o^ 

Sufficient  space  will  be  left  on  the  page  containing  the  sentence,  for  t w  order 
approving  or  disapproviiig  of  the  proceedings,  viz :  cither  to  be  written  at  tho^ 
foot  of  such  page,  or  endorsed  on  it. 

The  signatures  of  the  Preisident  and  the  Judge  Advocate  will  be  immediately 
at  the  foot  of  tlie  sentence.* 

The  special  attention  of  the  Judge  AdATtc^te  and  of  the  members  of  the  Courts 
is  directed  to  Art.  XXXVIII  of  the  Army  Regulations,  and  to  the  Articles  of 
War. 

By  command  of  General  R  E.  Lkk. 

H.  K.  YQUNG, 

J.  A.  General. 


J 

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